What counts as a “public document” under the Hague Convention?

The Hague Apostille Convention applies specifically to ‘public documents’, a term which covers official UK records from courts or government bodies (like GRO birth/marriage/death certificates or ACRO police checks).

Documents directly prepared by a Notary Public (‘notarial acts’) and, crucially, private documents or copies that have been certified by a UK solicitor or Notary Public – their official certification effectively makes the document ‘public’ and eligible for an apostille under the Convention’s rules.

Article 1 of the Convention defines ‘public documents’ quite broadly, splitting them into four main categories:

This category includes any document issued by an authority or official linked to the UK judicial system.

Examples include:

• Court orders and judgments.
• Grant of Probate documents issued by the Probate Registry.
• Decrees Absolute (divorce documents from court).

This is a very wide category covering documents issued during the course of official government or administrative business. Common examples originating in the UK are:

• UK Birth, Marriage, and Death Certificates issued by the General Register Office (GRO) or local registrars.
• ACRO Police Certificates.
• Official documents from HMRC or Companies House.
• Educational certificates issued by public educational institutions (though practically, these still require solicitor/notary certification for FCDO processing in the UK).

These are documents formally drawn up or certified by a UK Notary Public. This includes things like:

• Powers of Attorney signed before and certified by a notary.
• Affidavits sworn before a notary.
• Notarised copies of documents.

This is a vital category that encompasses many other documents. It covers official certificates placed on documents signed by individuals acting privately.

The most relevant examples are:

• Official and notarial authentications of signatures. This is key. When a UK solicitor or Notary Public witnesses your signature on a private document (like a contract, application form, or Power of Attorney) or certifies a copy of a private document (like a passport or utility bill), their certification statement, signature, and seal act as the ‘official certificate’.

This process effectively turns the private document into a public document eligible for an apostille. This explains why notarisation is often needed even if the Convention doesn’t explicitly mandate it (see FAQ Does the Hague Convention require notarisation?).

The Convention specifically states it does not apply to:

• Documents executed by diplomatic or consular agents (these often follow separate diplomatic authentication channels).
• Administrative documents dealing directly with commercial or customs operations. Note: This exclusion can be interpreted narrowly. Many business documents are commonly apostilled after being notarised. 

Practical implications:

Because the definition includes documents certified by UK solicitors and notaries, most documents our clients need for overseas use can be prepared to qualify as ‘public documents’ under the Convention.

Correctly identifying the document type and ensuring it meets these criteria (either directly or via certification) is crucial for providing an efficient express apostille service here in London.